Legal Opinion

Henley v. Hotaling

California Supreme Court

Decided July 1, 1871No. 2,006PublishedCited by 58 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. William E. Storms was in the possession of two thousand acres of public land at Eound Valley, Mendocino County, and gave to S. P. Storms a power of attorney, of which the following is a copy: “Eound Valley, 7th Oct., 1859. “ Know all men by these presents, that I, Wm.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. William E. Storms was in the possession of two thousand acres of public land at Eound Valley, Mendocino County, and gave to S. P. Storms a power of attorney, of which the following is a copy: “Eound Valley, 7th Oct., 1859. “ Know all men by these presents, that I, Wm. E. Storms, of Boston, County of Suffolk, State of Massachusetts, have made, constituted, and appointed, and by these presents do make, constitute, and appoint S. P. Storms, of Eound Valley, County of Mendocino, State of California, my…

1Opinion of the Court

By the Court, Rhodes, C. J.:

Was the instrument which was executed hy William B. Storms, by his attorney in fact, S. F. Storms, to Hotaling, what it purported to be, an absolute conveyance of the premises in controversy, or was it a mortgage? The Court below found it to be the former, and the evidence was amply sufficient to justify the finding. The parties consulted the legal adviser of Hotaling, and by him they were informed that the letter of attorney did not empower the attorney in fact to execute a mortgage. Thereupon a proposition was made by one party, and accejrted by the other, for a…

2Cases cited2 opinions

  1. Marshall v. ShafterCalifornia Supreme Court · 1867
  2. Sears v. DixonCalifornia Supreme Court · 1867

3Cited by58 opinions

  1. Beeler v. American Trust Co.California Supreme Court · 1944
  2. Couts v. WinstonCalifornia Supreme Court · 1908
  3. Mahoney v. BostwickCalifornia Supreme Court · 1892
  4. Hays v. EmersonSupreme Court of Arkansas · 1905
  5. Beckman v. WatersCalifornia Supreme Court · 1911

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